Terms of Service

1. Introduction and Acceptance of Terms

Welcome to TrakStok. These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", "your") and TrakStok ("Company", "we", "us", "our") governing your access to and use of the TrakStok inventory management platform, including any associated websites, applications, APIs, and services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Definitions

For the purposes of these Terms:

• "Account" means a unique account created for you to access our Service.
• "Content" means any information, data, text, graphics, or other materials uploaded, downloaded, or appearing on the Service.
• "Organization" means a company, business, or entity that uses the Service.
• "Personal Data" means any information relating to an identified or identifiable natural person.
• "Service" refers to the TrakStok platform, website, and all related services.
• "Subscription" means the paid or free plan you subscribe to for using the Service.
• "User Data" means data, including Personal Data, that you submit to the Service.

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 16 years of age (or 13 years of age if you reside in the United States and your parent or guardian has consented) to use the Service. If you are under 18 years of age, you represent that your parent or legal guardian has reviewed and agreed to these Terms.

3.2 Account Creation

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach

3.3 Account Security

You are responsible for safeguarding your password and any other credentials used to access the Service. We recommend using a strong, unique password and enabling two-factor authentication when available. You agree not to disclose your password to any third party.

4. Description of Service

TrakStok provides a cloud-based inventory management platform with the following features:

• Product and inventory tracking
• QR code generation and scanning capabilities
• Stock level monitoring and low-stock alerts
• Multi-user and organization management
• Activity logging and audit trails
• Data import and export functionality
• API access (for applicable subscription plans)

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

5. Subscriptions, Payments, and Billing

5.1 Subscription Plans

The Service is offered through various subscription plans, including free and paid tiers. Each plan has different features, limitations, and pricing as described on our Pricing page.

5.2 Payment Terms

For paid subscriptions, you agree to pay all applicable fees as described at the time of purchase. Payments are processed through third-party payment processors. By providing payment information, you authorize us to charge your payment method for all fees incurred.

5.3 Billing Cycles

Paid subscriptions are billed in advance on a monthly or annual basis, depending on the billing cycle you select. Your subscription will automatically renew unless you cancel it before the renewal date.

5.4 Refund Policy

All fees are non-refundable except as required by applicable law. If you believe you have been charged in error, please contact us within 30 days of the charge.

5.5 Price Changes

We may change our subscription fees at any time. Any price changes will take effect at your next billing cycle, and we will provide you with reasonable advance notice of any changes.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation
• Use the Service for fraudulent purposes or to engage in any deceptive practices
• Transmit any material that is defamatory, obscene, offensive, or otherwise objectionable
• Impersonate or attempt to impersonate TrakStok, a TrakStok employee, another user, or any other person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service
• Use any robot, spider, or other automatic device to access the Service for any purpose
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious material
• Attempt to reverse engineer, decompile, or disassemble any portion of the Service
• Remove, alter, or obscure any proprietary notices on the Service
• Use the Service in any manner that could disable, overburden, or impair the Service
• Share your account credentials with any third party

7. User Content and Data

7.1 Ownership

You retain all ownership rights in the User Data you submit to the Service. TrakStok does not claim ownership over any User Data.

7.2 License Grant

By submitting User Data to the Service, you grant TrakStok a worldwide, non-exclusive, royalty-free license to use, store, process, and display your User Data solely for the purpose of providing and improving the Service.

7.3 User Responsibilities

You are solely responsible for the accuracy, quality, and legality of your User Data and the means by which you acquired it. You represent and warrant that you have all necessary rights to submit User Data to the Service.

7.4 Data Processing

If your use of the Service involves processing Personal Data of individuals in the European Union or European Economic Area, you acknowledge that TrakStok acts as a data processor on your behalf, and you agree to our Data Processing Agreement, which is incorporated into these Terms by reference.

8. Intellectual Property Rights

8.1 TrakStok Property

The Service, including its original content, features, functionality, and underlying technology, is owned by TrakStok and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 Trademarks

TrakStok, the TrakStok logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TrakStok or its affiliates. You may not use such marks without our prior written permission.

8.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

9. Third-Party Services and Links

The Service may contain links to third-party websites or services that are not owned or controlled by TrakStok. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that TrakStok shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party content, goods, or services.

10. Privacy and Data Protection

Your privacy is important to us. Our collection and use of Personal Data in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.

By using the Service, you consent to the collection and use of your information as described in our Privacy Policy. We are committed to complying with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Union.

11. Disclaimers and Warranties

11.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRAKSTOK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 No Guarantee

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that the results obtained from using the Service will be accurate or reliable, or that any errors in the Service will be corrected.

11.3 Data Loss

While we implement reasonable measures to protect your data, we are not responsible for any loss or corruption of data. You are responsible for maintaining your own backups of User Data.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRAKSTOK, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Any bugs, viruses, or other harmful code transmitted through the Service
• Any errors or omissions in any content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED EUROS (€100), WHICHEVER IS GREATER.

13. Indemnification

You agree to defend, indemnify, and hold harmless TrakStok and its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any claim that your User Data caused damage to a third party.

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in the Service. Upon termination, your right to use the Service will immediately cease.

14.2 Termination by TrakStok

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

14.3 Effect of Termination

Upon termination, we may delete your User Data. We will provide you with an opportunity to export your data before deletion where reasonably practicable. Sections of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim against TrakStok, you agree to try to resolve the dispute informally by contacting us. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or TrakStok may bring a formal proceeding.

15.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the European Union and the applicable laws of the Netherlands, without regard to its conflict of law provisions.

15.3 Jurisdiction

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands, except where EU consumer protection laws provide you with the right to bring proceedings in your country of residence.

16. European Union Consumer Rights

If you are a consumer residing in the European Union, you benefit from mandatory consumer protection laws in your country of residence. Nothing in these Terms affects your rights as a consumer under such laws.

16.1 Right of Withdrawal

Under EU law, you have the right to withdraw from a distance contract within 14 days without giving any reason. However, by using the Service immediately after registration, you acknowledge that you waive your right of withdrawal once the Service has been fully performed.

16.2 Consumer Dispute Resolution

The European Commission provides an online dispute resolution (ODR) platform which you can access at https://ec.europa.eu/consumers/odr. We are not obliged and currently not willing to participate in dispute resolution proceedings before a consumer arbitration board.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and TrakStok regarding your use of the Service.

17.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure to perform our obligations where such failure results from any cause beyond our reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service prior to the changes becoming effective. We will also update the "Last updated" date at the top of these Terms.

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the new Terms, you must stop using the Service.

19. Contact Information

If you have any questions about these Terms of Service, please contact us: